Character Issues and Visa CancellationAre character issues and visa cancellation holding you back from a life in Australia?
Character Issues & Visa Cancellation
Many people seeking to visit, live and/or work in Australia experience complications with their visa application due to Section 501 of the Migration Act 1958. This is known as the Character Requirement. In order to be granted an Australian visa, an applicant must satisfy the Department of Home Affairs that they are of “good character”.
Section 501 can also impact upon visa holders, resulting in visa cancellation. If your visa is canceled you may be physically removed from the country and excluded from re-entering Australia.
Rothstein Lawyers can assist with the following services:
- Preparation of submissions regarding the Character Requirement
- Assist people who have been subject to mandatory visa cancellation under section 501(3A)
- Applications for review to the Administrative Appeals Tribunal
- Advice to prospective visa applicants as to how to put the best possible application forward
- Federal Circuit Court and Federal Court applications
The Department of Home Affairs website provides a definition of the character test here.
If your visa has been canceled or your application is affected by Section 501 of the Migration Act 1958 contact Rothstein Lawyers today to find out what your options to overcome character issues.
Visa Cancellation/ Unlawful Residence Status
Visa Application Refusals and Appeals to the Administrative Appeals Tribunal or Federal/High Court
The Department of Immigration and Border Protection cancels or refuses numerous visas and visa applications. We prepare and conduct appeals to the:
- Administrative Appeals Tribunal
- Federal Courts
- Minister of Immigration and Border Protection to intervene if it is in the public interest to do so.
Please contact us to arrange for an initial assessment of your situation.
Visa Condition Breaches
We can assist to provide detailed replies to a notice of intention to consider cancellation issued for the following reasons:
- Breaching a visa condition (Section 116);
- Ceasing employment with a sponsor (Section 116);
- Where grounds no longer exist for the holding of a visa (Section 116)
- Providing incorrect information (Section 109);
- Business visa holders failing to abide by the conditions of their visa (Section 137);
- Consequential cancellations (Section 140);
- Failing to pass the character test (Section 501).
Talk to us today
We’re here to help you with whatever you may need. If you’re dealing with character issues or visa cancelation, we can help. We specialise in complex immigration, citizenship applications and appeals.
Law Society of Western Australia’s Lawyers Make A Difference campaign
Principal Solicitor Sophie Manera was recently featured in the Law Society of Western Australia's Lawyers Make A Difference campaign for her ongoing pro bono work assisting asylum seekers. Read the full story in Business News...
Update: Australian Citizenship Residency Requirements
In 2017, the Australian Government announced its intention to amend the eligibility requirements for Australian citizenship. This included increasing the amount of time that a person must be living in Australia as a permanent resident prior to being eligible for Australian citizenship.
Interview: Rothstein Lawyers Principal Sophie Manera Interviewed by Nifnex CEO Zeeshan Pasha
Australian immigration laws are complex and continually changing. Many migrant workers are unsure of their employment law rights, and many employers are unsure of their rights and obligations as a sponsor. Failure to comply with Australian immigration law obligations may result in serious consequences.
"Now that the visa application case has come to a final close my children and I wish to thank you and Sophie Manera for making it a success. We shall be forever grateful"
Ishmael, Mosman Park, WA, Child visa granted 2017
"Words seem so little to thank you for your tremendous work on behalf of our family"
Name withheld WA, Revocation of Mandatory Cancellation of Visa,
"Thank you for your professional and friendly way of doing business"
Name withheld WA, Business Visa Grant
"Highly appreciate for the great job you and the team of immigration lawyers did for my family to be here in Australia"
Subclass 202 Special Humanitarian visa granted
“Thank you for your patience and first-class service. I will certainly recommend your service of meeting people who need an immigration lawyers assistance with their migration matters”
Chris, Mt Pleasant, WA, Partner visa granted 2016
“I just wanted to say a massive THANK YOU for all of your help and prompt responses throughout the application process. I couldn’t be more grateful for your team and the efforts you guys put in"
Sean, South Brisbane, QLD, Subclass 186 Employer Nomination Scheme visa granted 2015
I thought you might like to see that Ryan and I have finally become Australian citizens, this would not have been achievable if it had not been for your help.”
Victoria and Ryan, 2019